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Citation: 10 FCIL Newsl. 1 1995-1996

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FCIL NewsletterForeign, Comparative, and International Law Special Interest Section / American Association of Law Libraries

Volume 10 Autumn 1995 Number 1

Minutes of the 1995 Business Meetingby Margareta Horiba, Secretary/Treasurer 1993-95

Tulane University Law Library

The annual business meeting of the For-eign, Comparative, and International LawSpecial Interest Section of the American Asso-ciation of Law Libraries was convened at 4:45p.m. by the outgoing Chair, Lyonette Louis-Jacques. Approximately fifty members andvisitors were in attendance.

Lyo announced the tenth anniversary of theSIS and had made arrangements to mark theevent in a fitting manner after taking care ofbusiness.

She reported that it would not be advanta-geous to the SIS to go with a publicationspackage plan, as discussed by AALL Head-quarters, and that the SIS would stick withindividual subscriptions.

She regretted that the regular Sunday meet-ing schedule had been disrupted by the Nation-al Conference on Legal Information. Undernormal circumstances the working groups meetfor one hour. They provide, she said, an impor-tant opportunity to get involved in the FCILSIS.

The reading of the minutes from the Seattlemeeting was dispensed with and approved aspublished in the October 1994 issue of thenewsletter.

Margareta gave the treasury report, withthe balance as of that day being $169.23,inclusive of known and estimated expenditure.

Lyo gave the election results and intro-duced Margareta Horiba, the new Vice Chair/Chair-Elect, and Radu Popa, the new Secretary/Treasurer. Radu Popa was not in attendance.

Under reports from subcommittees andworking groups Jolande Goldberg gave the

report for the Education Committee (publishedseparately in the newsletter).

Kenneth Rudolf, editor of FCIL Newsletter,acknowledged the considerable contribution tothe newsletter by Janice Selberg and CarmenValero. He said that INT-LAW has taken overthe role of small notices. A column onprofessional activities of members is edited byMila Rush and a column on processing issuesby Aaron Kuperman. Ken announced that theNewsletter is now available on Internet via theWorld Wide Web. Lyo extended special thanksto Ken for his work on the newsletter.

Lyo drew attention to a new workinggroup on International Issues, which she hadconceived of and to which she had appointedEllen Schaffer chair. The group has recentlybeen renamed Working Group on Internationaland Intergovernmental Issues.

Other agenda items included a suggestionthat the FCIL brochure be updated. It was mostrecently updated in 1993. There was also aquestion by Lyo on how FCIL can influence

INSIDE

Reports from Pittsburgh... p. 3Philadelphia Institute ... p. 6News of Our Colleagues ... p. 7Excursion to Kazakhstan ... p. 8AALL Call for Papers ... p. 9Cataloging in a Changing World ... p. 11What's New on INT-LAW ... p. 14Volunteers Wanted ... Insert

FCIL New4etter Autumn 1995

and support electronic databases, e.g., how toput full text of treaties and treaty indexingonline. Lyo suggested that the FCIL establishmore liaisons with other organizations andmake an effort to find sources for interlibraryloans overseas. She expressed concern for newforeign law librarians. Does the FCIL meettheir needs? Should we look into instruction inforeign languages? What would be the optimalway of scheduling Sundays during the annualmeeting? There was no discussion of thesequestions.

Lyo welcomed the attendees from abroad.Introducing themselves were librarians fromAustralia, Canada, Germany, and the UnitedKingdom.

Lyo introduced the incoming Chair,Francisco Avalos, and turned over her duties tohim. Francisco extended thanks to Lyo and toKen, whom he assigned another year as editor

FCIL Newsletter is published three times a year(Autumn, Winter, and Spring) by the Foreign,Comparative, and International Law Special InterestSection of the American Association of LowLibraries. The main goal of this Section is "toserve as a forum for the exchange of ideas andinformation on foreign, comparative, andinternational law, and to represent its members'interests and concerns within AALL."

The Newsletter is sent free to members of theFCIL SIS. It is available for that "exchange ofideas and information."

Editor: Kenneth RudolfYale Law School LibraryBox 208215127 Wall StreetNew Haven, CT 06520

Tel. (203) 432-1259Fax. (203) 432-4604Internet [email protected]

Copy Editor: Carmen ValeroDeadline for next issue: Jan. 22, 1996

of the newsletter.Under new business, Ellen Schaffer

announced the Beth McWilliams ScholarshipFund in Law Librarianship at the University ofMichigan School of Information and LibraryStudies. It is a fund set up in memory of BethMcWilliams, the international law librarian atthe University of Michigan Law Library whodied at a young age in 1994. A brochure aboutBeth McWilliams and the fund was available atthe door.

Telle Zoller, in charge of the openinglunch table reservation, mentioned that threetables had been reserved for FCIL. LarryWenger invited participants to the IALLreception Tuesday evening where the programon the upcoming course in Vienna would beavailable. Francisco recommended participantsto join the IALL. Kathy Price invited partici-pants to the African Law Initiative librariansmeeting on Tuesday morning, for discussion onthe recently initiated ABA law school sisterprogram.

The celebration of the tenth anniversary ofthe FCIL began with Lyo's thanking everyonewho had contributed, including Sandy Beehlerfor ordering the commemorative pens. ClaireGermain gave a brief history of the SIS fromits beginnings as a committee of AALL to itsdevelopment as a large group that has stimu-lated great interest over the years. Claireconsiders it the best group within theorganization, a microcosm of the worldcommunity.

The meeting adjourned at 6:20 and wasfollowed by a reception in honor of the inter-national attendees and the tenth FCIL anniver-sary. A large cake and Caribbean music werefeatured.

FCIL Newsletter on WWW

Remember that you can read the FCILNewsletter on the Worldwide Web. The URLis http://law.wuacc.edu/fcil/newsl

Autumn 1995FCIL Newsletter

COMMITTEES AND WORKING GROUPS

EDUCATION COMMITTEE

Programs Approved for 1996Marci Hoffman, co-chairUniversity of Minnesota Law Library

Here is a summary of the programsrequested and approved for the 1996 AALLAnnual Meeting.

The FCIL SIS submitted five originalprogram requests to the Education Committeein August. The programs were:1. Human Rights Worldwide: When the

Message is Hard to Deliver-Refugees,Women, and Sexual Minorities (a three-part program);

2. Doing Business in Africa;3. New Developments in French Law;4. Filtering the Net; and5. Fashion/Style and the Law.Two of the five were accepted: Human RightsWorldwide-Refugees, and Filtering the Net.

The Education Committee had fewer openslots this year, since each SIS had been giventwo automatic program slots. So, all in all, wedid pretty well this year.

We co-sponsored three programs, and allof the co-sponsored programs were selected:1. The Global Harmonization of Copyright

Laws (with Copyright Committee);2. Solving Foreign and International Requests

with Sources in Your Library (with ReaderServices SIS); and

3. Hong Kong 1997 (with Asian/AmericanLaw Librarians Caucus).We are proposing two programs for the

"SIS-Selected Programs": Human RightsWorldwide-Women, and Doing Business inAfrica.

Since the three-part human rights programwas co-sponsored by Social ResponsibilitiesSIS, we asked them to submit the last part ofthis program on sexual minorities as one of

their SIS-selected programs. They agreed to doSO.

Therefore, barring any unforeseencircumstances (or a veto from the EducationCommittee), we will be sponsoring all threeparts of the human rights worldwide program(with the co-sponsorship of the Social Respon-sibilities and Diversity Committee).

We will have a total of four programs andthree co-sponsored programs at the 1996annual meeting.

Some Observations on Practice andIssues in Program Developmentby Jolande Goldberg, co-chairLibrary of Congress

For the 1995 convention in Pittsburgh, wehad quite a number of good ideas collected-some during the convention, some phoned orfaxed in. This time around, we had worked outa format or formula for preparing the programsmore fully for acceptance to avoid thedisappointments of the two previous years,when we had offered very good programproposals which in some instances were notaccepted because they lacked full development.This had been emphasized by the AALLprogram chair in Seattle and should beobserved under all circumstances. Severalpoints should be restated here:

a. Objectives have to be stated clearly bythe program's proposing party. It is quite a lotof work for the co-chairs to supplement, or"massage," information into the shape,intellectual and otherwise, needed to make aprogram succeed. Observing the given datelineand deadlines is a must and is an obligationnot only of the co-chairs, but also of theproposing party. It was again very difficult toget the programs all cleaned up and faxed intime to Headquarters.

Autumn 1995 FCIL Newsletter


b. The ranking process was again underfire. We had a clear ranking established, but itwas not followed through at the 1994/95 finalprogram selection by the AALL EducationCommittee.

c. Merle Slyhoff's 1995 newly introduceddevice that all SISes have automatically twoslots, has raised the following questions:• How do we want to work the evaluation?* Are there new procedures needed?* Do we want to continue with the oldranking process?• How do we deal with proposals above thetwo?

d. Program planning should be startedearlier. We have to bring program ideas to theconvention. I have found that it is necessary toget on speakers' calendars early, particularly ifa top gun is wanted (e.g., the Director ofOceans at the State Department has a one yearcalendar; this means that, according to ourdateline, he would have to be contacted in Maythe year before the Annual Meeting of thefollowing year!). This will take very inventivemaneuvering, given the way AALL isoperating at present. We should explorewhether the "new way" of two fixed slots perSIS gives us the flexibility to work on at leastone long-range program.

e. The 1995 final official AALL programdid not identify the proposing SIS or thesponsoring SIS. We have to insist that AALLreturn to its previous practice. This would helpus establish a list of accepted or only proposedprograms for future reference.

I would like to disseminate some othergood news: the establishment, or rather re-institution, of the FCIL SIS International andIntergovermmental Documents Issues WorkingGroup under the stewardship of Ellen Schafferas chair. It is intended as a forum fordiscussion and cooperation by internationaldocuments specialists, especially on IGOdocuments. I am hoping that this committeewill attract our IGO documents experts, sinceits advice would be of great importance for thefinal, still missing component of the new

schedules KZ (Law of Nations) and JZ(International Relations): a proper treatment forthe document sets of major InternationalOrganizations, such as the UN System, OAS,EC, and other regional organizations.

TEACHING FOREIGN ANDINTERNATIONAL LEGALRESEARCHby Christine CorcosCase Western Reserve Law School Library

The FCIL Working Group on TeachingForeign and International Legal Research metduring the Pittsburgh conference to discuss twoissues: 1) foreign, international, and compara-tive legal materials available through theInternet and their use in classroom teaching;and 2) the librarian exchange program.

Discussion of the use of the Internetcentered on the shift from gophers to theWorld Wide Web and the necessity for ade-quate equipment and congenial surroundingsfor introducing this resource. Many lawschools still do not have electronic classrooms,so teaching about the Internet and demonstra-tions of the WWW are often one on one. Wetalked about ways to convert the faculty to useof the Internet, and thus to convince them thatmore equipment is needed in libraries andclassrooms. We agreed that one of the bestways is to find electronic resources of interestin various faculties and give them demonstra-tions and assistance in using those resources.Faculty members convinced of the usefulnessof electronic resources can be powerful allies.

We discussed materials that can easily berecommended to students, such as the lists ofelectronic resources put together by Erik Heels,Mary Jensen, and Lyonette Louis-Jacques, andthe possibility of loading pathfinders and othermaterials on various web servers. The syllabiof foreign, international, and comparative legalresearch courses submitted to Ken Rudolf someyears ago, have been prepared for loading andwill be loaded on the CWRU Law Schoolwebserver.

FCIL Newsletter Autumn 1995


Telle Zoller (University of Wisconsin)reviewed the librarian exchange program anddiscussed the necessity for publicizing it. Shehanded out promotional materials and urgedeveryone attending to mention it to interestedlibrarians, students, and faculty visiting our lawschools as well as our own faculty, librarians,and students. She is happy to forward copies ofthe materials to any interested person.

INTERNATIONAL ANDINTERGOVERNMENTALORGANIZATION ISSUESby Ellen SchafferGeorgetown Law Center Library

The FCIL Working Group on InternationalIssues met on Sunday, July 16, 1995, from3:50 to 4:35 p.m. at the Pittsburgh ConventionCenter. The agenda for the meeting had beenannounced in advance and was well attended.Jolande Goldberg of the Cataloging Policy andSupport Office at the Library of Congresspresented an overview on the status of the KZand JZ classification schedules that will beimplemented in the coming months. She wasparticularly interested in feedback from theaudience, and encouraged people to contact herwith suggestions and comments. After somediscussion, it was agreed that an appropriatename for the working group would be theInternational and Intergovernmental Organi-zation Issues Working Group.

ASIAN LAWby Haibin HuCollege of William and Mary Low Library

The Asian Law Working Group meetingtook place at 6 p.m. on Tuesday, July 18,1995, at the Crawford Room, Pittsburgh VistaHotel. Bill McCloy, University of Washington,Seattle, chaired the meeting. Present were: DanWade (Yale University), Joan Liu (New YorkUniversity), Clement Lau (University ofBaltimore), Mila Rush (University ofMinnesota), Telle Zoller (University of

Wisconsin-Madison), Jonathan Franklin(University of Michigan), Dennis Sears(Brigham Young University), LyonetteLouis-Jacques (University of Chicago), WeiLuo (Southern Illinois University), Heija B.Ryoo (Southern Illinois University), Mon YinLung (University of Kansas), and Rebecca JaneRungsang (Tilleke & Gibbins, Thailand). Themeeting began with the participants introducingthemselves and commenting on the Asian lawcollections at their respective libraries.

To proceed with business, Bill McCloygave a brief report on recent activitiesregarding the Council on East Asian Libraries(CEAL) and the Committee on ResearchMaterials for Southeast Asia (CORMOSEA).Bill serves as an executive member of CEAL,and attended a meeting of CEAL in April1995. Bill expressed an willingness to sharethis information with anyone interested.

After Bill's remarks, the participants gaveregional/country reports on their library'scollections, activities, and concerns, whichinvolved materials on South Asia, SoutheastAsia, Central Asia, and East Asia. During suchreports, Dan Wade mentioned that the Libraryof Congress had closed down its journal officefor information collection in Islamabad,Pakistan. Jonathan Franklin stated that theUniversity of Michigan Law Library wasconsidering starting a collection of Indonesianlaw. Joan Liu related that the NYU LawLibrary might begin to collect Chinese law.Clement Lau said that the University ofBaltimore Law Library might develop someAsian law collection. Rebacca Rungsangreported that her firm had opened up an officein Cambodia and that she would be happy tohelp law librarians with questions onCambodian legal sources. Bill McCloy pointedout that the University of Washington LawLibrary had published the Index to JapaneseLaws, and that his library was planing to setup a home page for Asia laws (Korea, China,Taiwan, and Hong Kong) on the Internet.

The working group meeting was concludedaround 7 p.m.

Autumn 1995 FCIL Newsleter

What I Learned on My Trip to Phillyby Jonathan Franklin

University of Michigan Law Library

The 1995 Summer Institute in Philadelphia,"International Business Law: Legal Transac-tions in a Global Economy," was the fourth inthe five-part foreign and international lawinstitute series. From July 11 through 14, sixtyattendees and fifteen speakers immersedthemselves in the foreign national and interna-tional aspects of business law. Here it goes.

July 12

University of Pennsylvania Law School'sclassrooms are freezing in July.

The regulatory structure of internationaleconomic and trade law can be attacked bystarting with the basic written sources, lookingat national treatments, and finally consideringhow general commercial trends and goals canbe applied to the international arena.

Philly soft pretzels are not like the onesyou get off the rack at the Detroit airport.

A bibliographic instruction session can beentertaining when based on how you wouldsolve sample reference questions on the topic.

In discussing import and export issues,import tariffs are determined by answeringthree questions: 1) What is the good? 2) Whatis its country of origin? 3) How much is itworth? Then plug these into the HarmonizedTariff Schedule (26 U.S.C. sec. 40).

When considering export issues, don'tforget issues raised by the Anti-Boycott Act(a.k.a. Export Administration Act, 50 App.U.S.C. secs. 2041 et seq.) and the ForeignCorrupt Practices Act (15 U.S.C. sec. 78).

One of the best sources in this area isTrade Policy Review: United States, publishedbiennially by GATT.

Beware of upscale Philly cheesesteaksandwiches; they are not real unless they useVelveeta.

The largest problems in transnational jointventures are motivation (why do we want to dobusiness with each other), communication (how

will we jointly ran the venture), negotiation(how will we finalize the details before we killeach other).

The key documents in a transnational jointventure (or any other one for that matter) arethe Business Plan, the Confidentiality Agree-ment, the Memorandum of Understanding, andthe Final Agreement.

Doing Business-type books have theirplace in an academic law library (and of coursein a firm law library), but the quality is sovariable between different publishers usingidentical titles that selection is tricky.

With Dutch Treat Dine-Arounds, the key isnot the restaurant, but to go with a great group.I am sure no one was disappointed given howfriendly everyone was.

July 13

U.S.-E.U. competition (a.k.a. antitrust)issues include extraterritoriality, merger control(September 1990 E.U. merger regs), anddistribution and licensing agreements (blockexemptions).

Keep up on this area with World AntitrustLaw and Practice edited by James J. Garrett(Boston: Little, Brown, 1995-) and/or Oceanalooseleaf Antitrust and Restrictive BusinessPractices edited by Julius J. Marke and NajeebSamie.

The Fordham Corporate Law Institute'sAnnual Proceedings are an important resourcefor this whole area.

Tastie-Kakes (forgive the spelling, Merle)are tasty cakes.

Transfer pricing is not how much publictransit will charge for you to change buses toget where you are going. It is an astoundinglycomplex issue dealing with how companies aretaxed for sales of goods to subsidiaries orrelated business entities.

International Bureau of Fiscal Documenta-tion publications are good ways to get a grasp



of international tax issues for a particulargeographic region (albeit at a high cost).

Scrapple is a Philly breakfast food. It is"a seasoned mixture of ground meat (such aspork) and cornmeal set in a mold and servedsliced and fried." Webster's Ninth NewCollegiate Dictionary (1984).

The reunification of Germany, along withimmigration, has radically affected the Ger-man labor pool, especially for those from theeast who were used to employment subsidizedby the government.

Those fiendish folks at Kluwer are excerpt-ing parts of Blanpain's fine InternationalEncyclopedia for Labour Law and IndustrialRelations and selling them as monographs.Get one or the other, but not both!

The reading room of the Biddle LawLibrary makes a splendid dining room.

One of the first American law textbooksfocusing on Japanese business law is out. It isLaw and Investment in Japan: Cases andMaterials by Yukio Yanagida et al. (HarvardUniversity Press: 1994).

July 14

Law firms are willing to use Concordes toget documents across the Atlantic.

For some firms, fax machines are moreimportant than dusty volumes on the shelvesfor primary sources. Collection development byFedEx.

Even when the weather is hot and humid,the Liberty Bell is a popular spot. Wow!

Academic law libraries would do well tocollect broadly, but focus on specific regionsor topics to maintain a comprehensive collec-tion of something.

Many practice-oriented materials are themost up-to-date sources, even for academics.

The Biddle Law Library has its ownforeign and international law referencecollection and CD-ROM system with all sortsof exciting international CDs.

Foreign law problem sets are easier to draftthan they are to solve. At least they were veryhard to solve.

A great and hearty thanks for Gitelle Seerand Maria Smolka-Day for their exceptionalwork in co-directing the institute, and to MerleSlyhoff and the Local Arrangements Group fortheir exhaustive efforts to expose us toPhiladelphia. Onward to Bloomington!

NEWS OF OURCOLLEAGUESby Mila RushUniversity of Minnesota Law Library

For this issue, we have news about two ofour members: Kent McKeever and Paul Zarins.

Kent McKeever, Columbia University LawLibrary, was in Kazakhstan for two weeksduring the summer of 1994. When the newlyindependent state of Kazakhstan needed helpfrom a law librarian in analyzing its user needsand in drafting a workplan for establishing alegal information center, Kent was that lawlibrarian. Read about Kent's work for US/AIDin Kazakhstan in the following article.

Our second personality is Paul Zarins, whowill have "moved on" by the time you readthis. Paul is making giant leaps, geographicallyand professionally, this summer, moving fromthe District of Columbia to California. At theend of August he completed over five years ofservice as International/Foreign Law Librarianat the Jacob Burns Law Library, GeorgeWashington University, to become the socialsciences bibliographer at the Cecil H. GreenLibrary, Stanford University.

We will miss Paul in the law librarycommunity, and more so in the FCIL sub-community. Among his contributions to theFCIL SIS, I will especially remember Paul'simmediate willingness to help launch theElectronic Issues Group by agreeing to be itsfirst coordinator. Thanks to Paul's (and hissuccessors') imaginative, informative,invigorating agendas, the Electronic IssuesWorking Group is now among the SIS's verywell-attended meetings.

Autumn 1995 FCIL Newtsleter


Excursion to Kazakhstanby Kent McKeever

Columbia University Law School Library

Over the last couple of years one of thekey US/AID programs in the old Soviet Unionhas been the "Rule of Law" (ROL) program.This is a multipronged program which aims tohelp strengthen democratic institutions in the"newly independent states." In Central Asia theumbrella organization to implement this pro-gram has been the American Legal Consortium(ALC), with the Washington-based Chemonics,Inc., as the lead contractor. They have estab-lished a field office in Almaty, Kazakhstan, toimplement the various parts of the program.This is a central office to support programs inall of the Central Asian countries, includingKazakhstan, Kirghizstan, Tadjikistan,Uzbekistan, and Turkmenistan.

The ROL/ALC program has fivecomponents. They are parliamentary support,judicial support, intragovemmental communi-cations support, assistance in creating non-governmental organizations, and informationresources development. The last item has beensubcontracted to MetaMetrics, Inc., anotherWashington-based firm which has specializedin domestic and foreign public administrationimprovement projects. They needed a lawlibrarian to help analyze potential user needsand to help draft a workplan for what hascome to be known as the pilot "Law andDemocracy Resource Center" (LDRC). So fortwo weeks in June and July of 1994 I foundmyself in Almaty, formerly Alma-Ata,Kazakhstan.

My work involved interviewing law-relatedworkers ranging from the minister of justice tolaw students. They all agreed they needed a lotof help. At the same time it became clear thatwhatever was created had to be created by thepeople of Kazakhstan, not the United States.This has meant that things are developingslowly, but once an institution is created, itwill have a more secure base than if it hadbeen plunked down in Almaty as a U.S.

operation.The main function of the LDRC will be to

act as a modem information center, providingmaterials and services to support research inlaw and the democratic processes. To providethese services, a local library collection will bedeveloped, access to the electronic communi-cations systems such as the Internet will beestablished, and, in the long run, access tointernational online database services will alsobe established. To run this, staff will be hiredand trained to provide high quality access tothe local collection and to collections through-out the world via interlibrary loan of photo-copied materials. The users are expected to bea wide range of people, from law students tojudges, and from NGO activists to governmentofficials. Providing information services is theprimary purpose of the LDRC, and the fulfill-ment of this purpose will take precedence overany other function, especially during the start-up period.

The library and information services wouldalso act as a base of support for the variousother programs of the Rule of Law Program. Inthe first six months of the ROL program, thishas involved programs of election observation,electoral analysis, judicial education, NGOdevelopment and cooperation, and attorneytraining and organization. The gathering ofmaterials in support of future operations of thissort will be much easier once the LDRC is inplace.

The LDRC will be open to everyone.Many US/AID programs other than the ROLprogram will also find support for the legalaspects of their work. Other NGOs will be ableto work on the legal parts of their agendas aswell. Many of the local NGOs have as theirobjectives the improvement of specific sectorsof government activity. It is also clear thatgovernment workers themselves will be able tofind useful materials in the LDRC. The

FCIL Netwlefer Autumn 1995


judiciary will be able to interpret laws with afirmer sense that they are working withinmodem norms.

Since the LDRC intends to build compre-hensive collections of U.S. and Kazakhstanistatutory materials, commercial lawyers willalso benefit. It will be an important function ofthe Center's management to insure that all ofthese interests are balanced.

Although libraries are often perceived aspassive operations, the LDRC will be struc-tured so as to be able to develop educationalprograms in a number of areas relevant to itsfunctions. These might include legal research,communications technology for NGOs, modemlibrary techniques (including the basics of theInternet), and the basics of a modem legalvocabulary, to assist the translator community.Although the LDRC may not have the exper-tise on its own to lead all of these, or anyothers which might come up, it will be in aposition to broker mini-courses by learningwhat is needed, and finding who is able to

fulfill that need.The ALC will supervise coordination of

LDRC operations with other institutions inAlmaty and in the oblasts. Primary partnerswould include the USIS operations in Almaty,the National Library, the parliamentary infor-mation center, the university libraries, thelibraries at the Adilet Law School, the JudicialInstitute, and any other agencies that maintaincollections related to law and democracy. Usercoordination will also be essential, and will befacilitated to a large degree throughrepresentation on the board of directors.

Since my visit, a full-time law librarian,Joseph Luke, has been hired to help establishthe Center. The first one actually opened inDushanbe, the capital of Tadjikistan. It is setup as a unit within the National Library. I willbe returning to Almaty in November to helpwith a seminar for the Kazakhstanis whowould be interested in developing the center,or in developing similar libraries for their owninstitutions or in other cities.

AALL CALL FOR PAPERSby Peter Schanck

University of Kansas Low Library

The AALL Call for Papers Committeeseeks submission of papers for its annualcompetition. The objectives of the contest arethreefold: 1) to promote scholarship amongpracticing law librarians in areas of interest tothe profession; 2) to provide a creative outletfor law librarians and a forum for theirscholarly activities; and 3) to recognize thescholarly efforts of established members, newmembers, and potential members of AALL.

The winners of the competition will berecognized during award ceremonies at theclosing banquet of the Annual Meeting. Co-authors of winning papers will share the award.Winners are given the opportunity to presentthe paper at the Annual Meeting of theAssociation. The paper will be forwarded to

the editor of Law Library Journal for publica-tion consideration.

Eligibility

Open Division: Current AALL memberswho have been members for five or moreyears.

New Members Division: Current AALLmembers who have been members of AALLfor fewer than five years.

Student Division: Currently enrolled inlibrary or a law school. Students do not needto be members of AALL.

No paper which has been published oraccepted for publication will be eligible forconsideration.


FCIL Newsleffer Autumn 1995

Substantive Requirements

Papers must be original works. Paperssubmitted for courses are acceptable providedthey otherwise comply with the requirementsof this contest. The papers may address anysubject relevant to law librarianship. Thepapers may be scholarly or practical in sub-stance and tone; the subject should be exploredin depth with appropriate reference to sourcesand documentation of assertions. Submissionsfor the Student Division should also include asupporting letter from an instructor at theinstitution at which the student is enrolled(preferably the supervising faculty members forthe paper).

Submissions will only be accepted in onedivision. To encourage wider participation,authors may win only twice in the samedivision (different years).

Form Requirements

The papers must be double spaced with1 -inch margins. Citation and style mustconform to the requirements outlined in theauthor's guide for Law Library Journal

Each submission must be accompanied bytriplicate copies of a cover letter describing thepurpose of the paper and research methodol-ogies, a short abstract, and a completed appli-cation form. Papers, applications, cover letters,abstracts (and instructor's letters) must besubmitted in triplicate to the name and addressnoted on the application form.

Judging Criteria

Significance, originality, usefulness to lawlibrarians, analysis, depth of discussion, andcomprehensiveness of treatment: 50 percent.

Organization, manner of presentation,writing, and readability: 30 percent.

Grammar, punctuation, citation form,satisfaction of submission requirements (i.e.,triplicate copies of abstract, cover letter,supporting letter, paper, etc.): 20 percent.

Procedure

To be eligible for an award, submittedpapers, together with all required supportingdocuments, must be postmarked by April 15,1996, and received by April 22, 1996. Alldecisions of the committee regarding eligibilitywill be final.

Papers will be reviewed by the Call forPapers Committee: Peter Schanck, Universityof Kansas Law Library (chair); EdwardBenefiel, Phelps Dunbar; Katharine Ewing,CUNY Law School Library.

Winning papers will be selected by April30, 1966. A maximum of three awards may begiven in one division or a combination ofdivisions. Preference will be given to awardingone prize in each division.

A copy of the application form is includedin the mailing with this issue.

FREE MONEY!AALL SCHOLARSHIPS

Type I: LIBRARY DEGREE FOR LAW SCHOOLGRADUATES. Awarded to a graduate of a law school who isa degree candidate in library school.

TYPE II: LIBRARY SCHOOL GRADUATES ATTENDINGLAW SCHOOL. Awarded to a library school graduate workingtoward a law degree.

TYPE III: LIBRARY DEGREE FOR NON-LAW SCHOOLGRADUATES. Awarded to a college graduate who is a degreecandidate in an accredited library school.

TYPE IV: SPECIAL COURSE IN LAW LIBRARIANSHIP.Awarded to Librarians for courses related to law librarianship.

THE GEORGE A. STRAIT MINORITY STIPEND. Awardedto a member of a minority group who is a degree candidate ineither library or law school.

For more information, please write:

ScholarshipsAmerican Association of Law Libraries

53 W. Jackson Boulevard, Suite 940Chicago, IL 60604


Cataloging in a World of Changing Boundariesby Aaron Wolfe Kuperman

Library of Congress

Countries change names, boundaries, andlegal systems. Separate jurisdictions may unite,and unified jurisdictions can split. While suchchanges are rare in the United States, they arecommon when working with non-United Statesmaterials. To varying degrees, catalogingsystems used by law libraries tolerably reflectsuch changes. Usually these tools work inways that are acceptable to law librarians,though in the case of the evolving super-national, not-quite-yet a jurisdiction in Europe,the system isn't working well, and probablycouldn't work well without the benefit ofhindsight.

Descriptive Cataloging

Descriptive cataloging rules, largelycodified in AACR2, focus on the work inhand. If the title page says it was issued by aspecific named agency, that is usually thedeterminative factor from a descriptivecataloging perspective. Thus, changes in namesof countries or agencies that are reflected inthe published works get reflected in thedescriptive portions of the cataloging records.The evolution of an agency or jurisdiction isusually reflected in the name authority records.

A descriptive cataloger will not usuallyattempt to distinguish between "Zimbabwe" or"Rhodesia" other than on the basis of what thebook in hand says. Descriptive rules somewhatdistinguish between a "jurisdiction" and a"corporate body." In oversimplified terms, ajurisdiction is a geographic area that issueslaws, whereas a corporate body is a group ofpeople that is capable of authorship.

From the perspective of the Library ofCongress (as of the summer of 1995), theEuropean Union is not a jurisdiction (yet). TheLibrary of Congress is going to be veryreluctant to recognize the European Union asthe government of Europe before the

Europeans (or at least the United Statesgovernment) reach that conclusion.

Neither the European Union nor the Euro-pean Communities are considered to be corpor-ate bodies. From a descriptive catalogingperspective, so far, they are seen almost asamorphous collections of organizations andprojects. Thus works by the European Unionare entered under an organization that is part ofthe EU (e.g., the European Economic Com-munity) or by specific bureaucracies (e.g., theEuropean Parliament). The practical descriptivedifference is that LC has a name heading for"European Parliament," Rather than "EuropeanUnion. Parliament."

The Maastricht Treaty is entered as "Treatyof European Union (1992)" rather than as anauthor-title heading under the name of theunion. An interesting, and anachronistic anal-ogy, is that LC enters the United States'sDeclaration of Independence and the Articlesof Confederation as works authored by the"United States" (even though those documentscreated the United States), rather than asinternational agreements of 13 sovereign statesor as the work of the "Continental Congress."Presumably, if at some point the EuropeanUnion evolves into a jurisdiction, the headingsfor the Maastricht Treaty will be anachronisti-cally (but rationally) entered under EuropeanUnion.

Subject Cataloging

Subject cataloging rules have a strict policyof entering countries under the current name.When a country changes its name, LC subjectpolicy dictates changing all the records to thecurrent form. A collection of statutes fromSouthern Rhodesia will have a descriptiveheading based on the name when the book waspublished, but the subject heading will be"Zimbabwe." If boundary changes have been

Autumn 1995 FCIL Newsleter


minor, and the change of name was not accom-panied by more radical changes, this works outwell, even if it sounds anachronistic.

Where there have been radical changes,however, problems can result. In some cases,LC has recognized some jurisdictions as being"extinct," so that one finds headings for theByzantine Empire or the ancient RomanEmpire. However, the Ottoman Empire is notdistinguished from the modem republic ofTurkey, the Austro-Hungarian Empire isAustria, and the medieval Venetian republic (awidespread empire) is not easily distinguishedfrom the modem Italian city.

A book on the legal status of Jews inJerusalem in the sixteenth century gets thesame subject heading as a book on the legalstatus of Jews in modem Turkey (though theclass and total array of headings willdistinguish the books). Until recently, the(late) Soviet Union was not distinguished fromCzarist Russia resulting in such headings as"Soviet Union-Commerce-ByzantineEmpire" and "Soviet Union-Kings andrulers." In part due to lobbying by catalogers(and others) working with materials from partsof the world with historically unstableboundaries, and in part since LC really hates tobe ridiculous, there appears to be a growingtrend to regard changed countries as creatingnew entities and treating the predecessor asbeing an extinct jurisdiction. Thus LC nowdistinguishes in subject treatment betweenCzarist Russia, the Soviet Union, and thecontemporary Russian state.

Since the descriptive rules don't recognize(as of the summer of 1995) the "EuropeanUnion" or the "European Communities" aseither jurisdictions or corporate bodies, thesubject catalogers have established them astopical (concept) rather than geographicheadings, and have been using "EuropeanUnion countries" or "European EconomicCommunity countries" when a geographicheading or subdivision is needed. This posedfew problems prior to 1992.

Under one theory, the EU replaced the EC,and therefore the headings for "European

Union" (in various forms) should have replacedall the "European Economic Community" or"European Community" headings in the subjectauthority file. One problem with this theory isthat the European Economic Community stillexists and is still publishing (to a cataloger, thebest evidence of continued existence). At thistime, membership in the European Unionrequires membership in the EuropeanEconomic Community.

The Library of Congress subject authorityrecords tell catalogers to use "European Unioncountries" for works on such countries after1992, and to use "European Economic Com-munity countries" for works on 1958-1992.However, no instruction is given for works onone group of countries in a different timeperiod (e.g., a book on the antitrust law of theEU countries in the nineteenth century), orwhat to do with a book on European Com-munities written after 1992. For a book on"community law" written in 1995, most lawsubject catalogers would probably use a"community" heading reflecting the author'susage, though most non-law catalogers wouldprobably use a "union" heading for a book onthe non-legal aspects of the EC today. Ifauthors shift to using "union" rather than"title," this problem will become moot.

An added twist is what to do if a book isdiscussing the law of several EU countries, butthe author doesn't say so explicitly. Manyauthors are limiting their books to the countriesof the EU regardless of the subject. A compar-ative study of the law of murder in England,Netherlands, Spain, Italy, and Greece hasnothing to do with EU law at this time (murderfor hire not being governed by communitylaw), but the selection of countries is irrationalunless EU membership is considered. In manycases, the author chooses a list of countries tosurvey that is identical with the list of EUmembers. In such situations the rules areunclear whether to use "Europe" or the narrow-er term for the EU countries. A competingtheory is that if the area of law is as yetunaffected by EU law, the heading "Europe"should be used regardless of the list of


Autumn 1995 FCIL New~Ietter

countries surveyed unless the book specificallysays it is limited to EU countries.

Classification

Classification is a bit trickier. Changingonline headings is increasingly easy, butreclassing a large number of books is prohibi-tive since it involves moving and relabeling thebooks. Once a schedule is made, it is in manyways fixed. A (fortunately rejected) draft of the"K" schedule from the mid-20th century wouldhave arranged third world countries by thecolonial power (thus Vietnam, Senegal, andAlgeria would have been together, whileNigeria, India, and Hong Kong would havebeen kept together). The Dewey Decimalschedules still reflect the world as it was in thelate nineteenth century. The final "K" schedulearranges most countries by continent (whoseboundaries are fixed--unless we get a book onthe law of Gondwanaland). For most countriessubarrangement is alphabetical by Englishspelling (which is irrational but easy for mostusers and doesn't insult anyone). A cross ref-erence can handle most changes (e.g., SouthernRhodesia, see Zimbabwe). Newly extinctjurisdictions (e.g., East Germany) and olderextinct jurisdictions (e.g., The Republic ofVenice) are no problem. Even the breakup ofthe Soviet Union wasn't too much of aproblem.

Europe is a problem. As issued, KJC wasfor the comparative or uniform law of Europe,and a range of numbers in KJE was to be forthe law of the European Communities. Theoriginal instructions for KJE said that works on"legislative cooperation ... and harmoniza-tion" of the law of members states went toKJE as well as supranational community law.The rule was probably easy to apply when the"community" was very limited in numbers ofmembers and scope of activities.

Over time, KJE de facto grew to includeworks that were in any way studying or tied tothe Community or Union. As the EuropeanCommunities grew in importance, KJC might

have shrunk to the point when it would onlyget books discussing non-EU members (e.g., inpractice a cataloger looks for a reference tonon-EU country, otherwise putting the book inKJE). Increasingly, all books on law of EUcountries discuss the impact of the EU. InEnglish (at least), "European law" now usuallymeans EU law.

Another theory is that KJE should only getmaterials on areas governed by communitylaw, so that a study of criminal law in EUcountries should go to KJC, unless the bookwas clearly a study aimed at extending thereach of community law to the area studies.This latter theory would result in books on asubject (e.g., European law not preempted bycommunity law) staying together (a goal ofclassification), but requires catalogers to knowwhat is governed by community law. Also, itmight not work in the long run since EUinfluence is increasing.

Perhaps the best analogy would be to theUnited States in the 1780s under the Articlesof Confederation. Any librarian in 1785 tryingto write a classification schedule for Americanlaw would have found it similarly frustrating.Past practice would dictate treating each stateas independent, and "Congressional" law as avery limited, localized form of public interna-tional law. But the mood of the country (orrather of the thirteen member states) wouldsuggest that the "United States" was rapidlyevolving into a jurisdiction and "Virginia" lawwould soon merely be a subset of Americanlaw. Fortunately the Continental Congress didnot aspire to own the world's leading library,though if they had commissioned a classifica-tion of law in 1785, based on LC's experience,it probably wouldn't have been finished beforethe civil war, so the issue would have beenmoot (suggesting that for catalogers, patienceis the prudent approach in times of politicalchange).

[This is an expression of the author'sopinion and not an expression of Library ofCongress policy.]



What's New on INT-LAWJanice Selberg, Assistant Director,Wayne State University Law Library

The Fall brings more messages on a varietyof international law topics, from new Web sitesto old Scottish trespass law.

New Trade Journal for InternationalAttorneys: Call for Papers

Eric V. Blanchard, Editor-in-Chief, 8June 1995: Currents: International Trade LawJournal, which is published at South TexasCollege of Law, targets international attorneysand business executives with internationalconcerns. It is a practical and scholarlyreference source on legal issues underlying theglobal expansion of trade.

We are always seeking quality articles forpublication and would appreciate any insightfulpaper you would care to submit. Our articleformat is unique to the academic professionalbecause we use endnotes rather than footnotes.This allows our readers to proceed uninterrupt-ed in their perusal of an article and only checksources where they find need or interest. Thenormal double-spaced length of our articles isbetween thirty to forty pages.

Our unique format allows coverage of awide range of topics within a single issue....We respect submissions and limit our editingto technical, not stylistic or substantive,matters. Our editorial board is small but verycompetent .... If we can be of any assistance,please feel free to contact us at (713) 646-1768or by mail or e-mail.

United Nations Scholars' Workstation

Martha L. Brogan, Yale UniversityLibrary, 15 June 1995: The United NationsScholars' Workstation at Yale University hasbeen established as a web site at http://www.library.yale.edu/ un/unhome.htm

Developed by the Yale University Library,the Social Science Statistical Laboratory, andUnited Nations Studies, the site is a collection

of digitized texts, finding aids, data sets, maps,and pointers to print and electronic informa-tion. Subject coverage includes disarmament,economic and social development, environ-ment, human rights, international relations,international trade, peacekeeping, and popula-tion and demography. The site is organizedinto three main sections:

(1) Academic information about "UNStudies at Yale University" describes thecurriculum and faculty as well as the Inde-pendent Working Group on the Future of theUnited Nations and its report, "The UnitedNations in its Second Half Century".

(2) "Research Tools to Locate UNInformation" includes guides to the use ofYale's UN depository collection, how to findUN materials in Yale's online public catalog,how to search Nexis/Lexis for UN information,access to key UN web sites, descriptions ofUN-related compact disks, a bibliography ofrecently acquired UN documentation andsecondary literature, and information aboutnumeric data sets pertinent to internationalrelations research.

(3) "Research Approaches to UN Informa-tion" offers access to other sites on the Inter-net, re-organized so that it's possible to searchby the UN organizational structure, by researchtopic, by geographic area, or for biographicalinformation.

Statement of Principles on NuclearNonproliferation

Janice Selberg, Waynes State UniversityLaw Library, 23 Aug. 1995: I am looking forthe text of the Statement of Principles onNuclear Nonproliferation, released in May,1995. I have checked ILM and LEXIS.

Wiltrud Harms, Boalt Hall Law Library,Berkeley, 24 Aug. 1995: The UN Press



Release series posted on the UNDP gopherserver coded DC/- (labelled "DisarmamentCommission," but actually broader in its scopeand also reporting on the Treaty on the Non-Proliferation of Nuclear Weapons), has infor-mation on your wanted statement. According toUN Press Release DC/2510 of 11 May 1995, itis actually a "declaration on principles andobjectives for nuclear non-proliferation anddisarmament". From the April and May post-ings, I printed out DC/2491 and DC/2510 forour patrons here at Boalt because they providehelpful background and the final outcome ofthe 1995 Review and Extension Conference ofthe Parties to the Treaty.

I could not find a documentary reference tothe text of the declaration, but looking at otherreferences we can expect to find the declara-tion (or perhaps the text of the draft which wasadopted without a vote) in the document seriesNPT/CONF. 1995/-. There is a reference to adraft decision (not to be confused with thedeclaration) on the principles.., as beingcontained in document NPT/CONF. 1995/L.5.Probably this document contains a documen-tary reference to the declaration.

The UN does not offer the series NPT/-for sale but UN depository libraries shouldreceive it. Since you know that the documentwas issued in May, I would assume that UNdepositories should have gotten it by now. Iam not sure whether READEX publishes thisseries on microfiche.

Ellen Schaffer, Georgetown LawLibrary, 24 Aug. 1995: The Statement ofPrinciples is coming out in the July issue ofILM that is supposedly in the mail. We don'thave it yet.

I have the NPT document you refer to(L.5) and it is the draft text of the Principlesand Objectives ... issued on May 9, 1995.

Peter Van Leeuwen, Readex, 28 Aug.1995: Further to Wiltrud's posted reply of8/24/95 regarding the UN's NPT/- series ...

Yes, Readex does provide the NPT/- seriesin our UN microfiche product offerings.

Tribunal for the former Yugoslavia

Gabriele Gatti, University of Siena, 7Sept. 1995: Can anybody suggest an Internetsite for news and documents from the Tribunalfor the Former Yugoslavia? UN sites don'tseem to contain any useful information on thissubject. (W. Harms has recently informed usint-lawyers that the first Annual Report of theTribunal is contained in UN Doc. A/49/342,S/1994/1007, but I couldn't find this doc in thenet.)

John Carey, 7 Sept. 1995: I understandthe Tribunal is in the process of setting up anInternet site.

Japanese Commercial Code

Sushila Selness, 7 Sept. 1995: I need acopy of the Japanese Commercial Code with1993 amendments. Is this available on the net?A paper copy will also suffice if available.

Lyonette Louis-Jacques, University ofChicago Law Library, 7 Sept. 1995: I don'tknow whether the Japanese Commercial Codeis on the Internet offhand, but you can check athttp://www.pls.com:8001/ or gopher://lawnext.uchicago.edu/hh/.web/intl.html. As for hardcopy/print, codesof laws are sometimes separately published andcataloged, so you can do a search by title inOCLC or RLIN, by subject (Commercial Law-Japan), and limit by language (don't know ifyou're looking for English translation orJapanese text). Both OCLC and RLIN haveuser-friendly interfaces (WorldCat and Eureka,respectively). Individual online librarycatalogs can also be searched, including theUniversity of Washington below.

Otherwise, translations are included in theEHS Law Bulletin Series and Doing Businessin Japan (a red looseleaf set). Reynolds andFlores' Foreign Law looseleaf will providecites to sources of the Commercial Code inJapanese and in English translation. Andguides to researching Japanese law will alsorefer to sources of the Commercial Code.

Lastly, the University of WashingtonGallagher Law Library has an East Asian Law

FCll NewsletterAutumn 1995

FCIL Newsletter

Department (formerly Comparative LawDepartment) which focuses on reference andcollection development work on Japan, China,Hong Kong, Korea, Macau, and Taiwan. Theyhave one of the strongest collections of Japa-nese law in the U.S., and are great contacts ifyou're having difficulty finding current Japa-nese laws. I don't remember the telnet addressfor their online catalog offhand, but if youneed it, I can dig it up from my files--thoughthere should be a link to it via gopher://lawnext.uchicago.edu/hh/.web/misc.html

Jeanette Sidon, 15 Sept. 1995: If it is notavailable anywhere else, try contacting Eibun-Horei-Sha (Codes Translation Institute, Inc.) inTokyo: 4-7 Hirakawacho 2, Chome Chiyoda,Ku, Tokyo Japan; telephone 03-5276-5955; fax03-5276-5572.

Russian Copyright

David Grainger, SCALE, Canberra,Australia, 8 Sept. 1995: I would appreciateany assistance that you may be able to providein urgently locating any Internet sites or Aus-tralian library locations for Russian legislationon intellectual property.

Elliot Chabot, U.S. House of Represent-atives, 8 Sept. 1995: There is some materialon Russian copyright law at http://www.spb.su:80/rulesreg/3/ind_intl.html

Lyonette Louis-Jacques, University ofChicago Law Library, 8 Sept. 1995: Someapproaches to getting hardcopy/paper texts ofthe legislation are: look in library catalogsunder World Intellectual Property Organization(WIPO), as they publish a set of Englishtranslations of laws on intellectual propertyworldwide; look for looseleaf sets on interna-tional intellectual property or intellectualproperty in Eastern Europe or in Russia specif-ically; look for general compilations of Russianlaws (there are sets with names such as Col-lected Legislation of Russia, Russia and theRepublics). Igor Kavass has written severalbooks and articles on Russian law resources-

look under his name or under ThomasReynolds in catalogs and periodical indexes.Looseleaf sets on business or investment tendto include intellectual property laws also. Agood place to start to identify the titles ofrelevant sources besides doing searches incatalogs and indexes is Reynolds and Flores'Foreign Law: Current Sources of Codes andLegislation in Jurisdictions of the World (foreach country it has a list by subject of laws inEnglish translation, and references to sourcesof the texts of laws in the vernacular).

Alan Edwards, University of Otago, NewZealand, 11 Sept. 1995: Further to Lyo's notethat "the World Intellectual Property Organiza-tion (WIPO)... publish a set of English trans-lations of laws on intellectual property world-wide ......

WIPO (as updates to the original set?)publishes national laws and international legalinstruments (in English) on 'Copyright andNeighbouring Rights' and on 'Industrial Prop-erty' as supplements to its journal IndustrialProperty and Copyright (from 1995). (Until1994 these supplements were published withthe WIPO journals Copyright and IndustrialProperty, respectively.)

This material is designed to be separatedfrom the journal and filed as independent col-lections, so locating a library which holds thejournal(s) may be only the first step in findingthe material.

(The Cumulative Index in the Copyrighttranslations of January 1995 notes Russian orSoviet copyright-related legislation in theissues of Copyright: 1983, nos. 7-8; 1993, no.5; 1994, nos. 1 & 4. See also issue 4 of 1995in Industrial Property and Copyright).

(The Cumulative Index in the IndustrialProperty translations of January 1995 notesRussian or Soviet copyright-related legislationin the issues of Industrial Property: 1977, no.2; 1983, no 6; 1986, no 9; 1991, no 9; 1990,no. 5; 1993, nos. 3 & 4; 1994, no 4. See alsothe May and June 1995 issues of IndustrialProperty and Copyright).

Autumn 1995

Volunteer Law Librarians Wanted to Help Non-Experts

It is time, or perhaps past time, to update the list of "Foreign and International LawLibrarians Willing to Help Non-Experts," which appeared in the February 1992 issue of thisnewsletter and as an appendix to Danner and Bemal's Introduction to Foreign Legal Systems,the proceedings volume of AALL's first institute on foreign law. We hope to republish this listas a supplement to the newsletter and perhaps make it available on the internet. Pleasecomplete the following questionnaire and return to Dan Wade, Associate Librarian for Foreignand International Law, Yale Law School Library, Box 208215, New Haven, CT 06520-8215, byFeb. 1, 1996.

QUESTIONNAIRE FOR FOREIGN AND INTERNATIONAL LAW LIBRARIANSWILLING TO HELP NON-EXPERTS

Name:

Position:

Institution:

Address:

__ Use information as it appeared in the last list. I am a subscriber to INT-LAW.

Jurisdictional Expertise:

Subject Expertise:

Electronic Foreign and International Law Resources, e.g. CD-Rom databases, that you use:

Languages:

Interests (No Expertise Claimed):

Autumn 1995 FCIL Newletter I nsert

Autumn 1995 FCIL Newsletter Insert

Application FormAALL Call for Papers

Name/s

Address

Telephone ( Fax (

Title of Paper

Division Open

New Member

Student

Papers must be postmarked by Monday, April 15, 1996, and must be received by Monday,April 22, 1996. Submit this application with three copies of your paper, abstract, cover letter(and instructor's letter) to:

Peter C. SchanckUniversity of Kansas School of Law LibraryGreen HallLawrence, Kansas 66045

For further information about Call for Papers Competition, call 913/864-9261.

Submission of papers constitutes a copyright license to the American Association of Law Libraries(AALL) to publish and/or reprint the winning papers should AALL choose to do so. By submitting thepaper, the entrants represent that they have the right to grant the license. By submitting the paper,the entrants certify that they are either a currently practicing law librarian and an AALL member orpursuing a master of library science degree or equivalent at an ALA-accredited library school or thatthey are pursuing a juris doctoral degree at an ABA-accredited law school. AALL reserves the right toconfirm that the entrants are qualified to enter the competition.

)

Autumn 1995 FCIL Newsletter I nsert


Registration of Pesticides

Pat Gudas, BALTO, 12 Sept. 1995: I amlooking for laws or regs on the registration ofpesticides/fungicides in South Africa and NewZealand. Must the registrant be a person orcompany incorporated in the country? Allideas appreciated!

Alan Edwards, University of Otago, NewZealand, 18 Sept. 1995: The relevant NewZealand act is the Pesticides Act 1979. It talksin terms of the 'proprietor' of a pesticide, i.e.,the manufacturer (if the pesticide is made inNZ) or the importer (if the pesticide isimported). There does not seem to be anyrequirement for the registrant to be incor-porated in NZ.

For a pesticide which is to be imported, the'proprietor' can seek registration if the pesti-cide is registered in, and is to be importedfrom, a 'specified country.' (The Minister haspower to 'specify a country' if it has a pesti-cide registration scheme in accordance with, ornot less onerous than, the scheme set out in theFAO Guidelines for the Regulation and Controlof Pesticides.)

Australian Law on the Terminally Ill

Suzanne Thorpe, University of Minne-sota Law Library, 13 Sept. 1995: I wouldlike to learn the status of a recent bill passedon May 25th, 1995 by the Legislative Assem-bly of the Northern Territory of Australia.

I checked an Australian website whichcontained the text of the original bill, the proofcopy of the bill, transcripts of debates, andsome other information. This site has not beenupdated since July. It stated that as of thatdate the bill had not yet been enacted.

I would like to obtain a copy of the law asenacted (if this has happened in the interveningmonths). Also, a faculty member here believesthat there may be some case law related to it.If so, I would appreciate information about thecase as well.

Kathy Kane, University of Tulsa, 15Sept. 1995: One of our students in a law and

medicine seminar needs a copy of the "Rightsof the Terminally I1l" bill as passed by theAustralian Northern Territory LegislativeAssembly on May 25, 1995. All she has beenable to find on the Internet so far has been theproposed legislation, without changes. Shewould also like any legislative history availableon this same bill. Could any of you Australianlibrarians help us find this for her?

Susan Downing, Australia, 15 Sept.1995: The Rights of the Terminally Ill Act1995 was assented to on 16 June 1995 and willcome into operation after the Administratorplaces a notice in the Gazette. As I understandit, no such notice has been placed in theGazette and therefore the Act has not yetentered into force.

There have been reports in the press aboutflaws in the Act which may explain the abovedelay. One flaw seems to be that the qualifica-tions required of the second medicalpractitioner (i.e., a diploma of psychologicalmedicine) on one interpretation may not existand on a wider interpretation may only includea very small number of practitioners in theNorthern Territory.

I think that there is also a problem with theexisting criminal code in the Northern Terri-tory. I believe that there may still be a crim-inal offence of assisting a suicide, although Ihave not checked.

Electronic Newsstand for InternationalPublications

Lyonette Louis-Jacques, University ofChicago Law Library, Sept. 1995: TheElectronic Newsstand now has a web site athttp://www.enews.com/ There, you can find thetables of contents of International LegalMaterials (including selected backgroundinformation about a major treaty, case, or otherinternational document), American Journal ofInternational Law, International Organization,Foreign Affairs, The Economist, InternationalSecurity, Der Spiegel, Irish Times, and othernational and international news journals andmagazines. It also includes information on


FCIL New~Ietter Autumn 1995

how to order print copies of these resources,and has links to selected Internet sites fornations and international organizations.

International Documents

Irene Berkey, Northwestern UniversityLaw Library, 14 Sept. 1995: I have beenasked to locate electronic versions of the fulltext of the following documents.0 Completing the Internal Market: WhitePaper from the Commission to the EuropeanCouncil (1985) (COM/85/310/final)0 European Convention for the Protection ofHuman Rights and Fundamental Freedoms(1950) 213 UNTS 221; ETS 5

I have tried LEXIS and WESTLAW, echo.Iu,and the Fletcher Multilateral web site, butmight have missed something. (For the Euro-pean Convention, Fletcher indicates that thedocument is available from the AmnestyInternational gopher, io.org, but I have beenunable to connect.)

Sue Crocombe, Australian NationalLibrary, 15 Sept. 1995: http://www.nd.careton.ca/freeport/social.services/amnesty/standards for the Humanrights convention.

David Swarbrick, Solicitor, UK, 15 Sept.1995: We have this on the BBS. If you wantto try a 50k e-mail message I can post it. JustMooting UK Law BBS +44 (0)1484 401139.Free.

Energy Charter Treaty

Tracy Angel, TransCanada PipelinesLtd., 14 Sept. 1995: I am urgently trying tofind a copy of the Energy Charter Treatywhich was signed in Lisbon in December,1994. This is a wide-ranging multilateralagreement which aims at fostering energycooperation and energy trade between mostOECD member states, former Soviet republics,Central and East European countries. I havetried various treaty and legal web sites but tono avail.

Wiltrud Harms, Boalt hall Law Library,Berkeley, 14 Sept 1995: You can find the textof the Energy Charter Treaty plus an introduc-tory note, a content summary and the text ofthe Final Act in International Legal Materials,vol. 34, no.2 (March 1995), on pages 360-454(in Lexis/Nexis: library INTLAW, file ILM).

Fleet Street Reports of Patent Cases

Huntington, 14 Sept. 1995: I've beenasked to locate a case-Union Carbide Corp. vNaturin Ltd. [1987] F.S.R. 538-(Fleet StreetReports of Patent Cases). I was wondering ifanyone was aware of any sites where EnglishPatent Cases are online.

S.H. Carter, 15 Sept. 1995: The LexisENGGEN library CASES file includes casesreported in FSR.

UNDP Gopher?

Antje Mays, Citadel, 15 Sept. 1995: Doesanyone remember the address for the UNDPgopher? Is there a WWW site of similar scope?

Sally Kelley, University of Arkansas, 15Sept. 1995: The UNDP WWW URL is http://www.undp.org

Debra Guzman, 15 Sept. 1995: TheUNDP gopher is gopher://gopher.undp.org

Scottish Trespass Law

Kip Augustine Adams, Brigham YoungUniversity Law Library, 15 Sept. 1995: Iteach a first year torts course. When we dis-cussed trespass to land, a student newly arrivedfrom Scotland said that, traditionally, Scotlandhad no rule prohibiting what we would calltrespass to land. Does anyone know anythingabout this rule, or where I might be able togather more information?

Sanwar Ali, UK, 16 Sept. 1995: I expectthat Scotland's laws on trespass are similar tothose south of the border. In England trespassdoes not constitute an offence. Howeverarmed trespass carries something like seven



years.

David Swarbrick, Solicitor, UK, 17 Sept.1995: I am certainly not a Scots lawyer, but Iseem to remember the Scots law on trespassbeing different to our own.

Also, whilst trespass to land simplicitermay not be an offence, it is getting more andmore difficult to trespass without committingone of the many related offences which nowexist.

Alan Edwards, University of Otago, NewZealand, 18 Sept. 1995: In 18 (para 180-190)of The Laws of Scotland: Stair MemorialEncyclopaedia (Edinburgh, 1993) indicates thattrespass by persons, animals, and things doesindeed exist in Scottish law.

Para 182 says "trespass may also be acriminal offence, but there is no general ruleby which trespass is a crime, and its crimi-nality depends on a series of statutes dealingwith particular kinds of intrusion. The mostimportant of these are the Trespass (Scotland)Act 1865, which makes it an offence to lodgeor encamp on private land, and the Game(Scotland) Act 1832 and the Night PoachingAct 1828, which deal with trespass in pursuitof game-poaching, in other words."

Bermuda Arbitration Law

18 Sept. 1995: Could anyone send mesome information about how to locate a 1993Bermuda statute on Arbitration. I was told thatthis is the most recent Bermuda statute. Anyhelp would be greatly appreciated

Lou Ellen Runyan, Steptoe and Johnson,Washington, DC, 18 Sept. 1995: Just doingsome International Arbitration work so I hadyour answer handy. I have the BermudaInternational Conciliation and Arbitration Actof 1993 in two different sets: The Interna-tional Handbook on Commercial Arbitrationby Kluwer (Vol 1), and InternationalCommercial Arbitration by Oceana (Vol 2).

Summit of the Americas

Randall J. Snyder, U.S. Department ofState, 18 Sept. 1995: Is anyone aware of anInternet source for documents from the Summitof the Americas last year?

Linda Thompson, World Bank, 18 Sept.1995: Summit of the Americas agreements areavailable through its home page: http://summit.fiu.edu/

Margaret Aycock, University of HoustonLaw Library, 18 Sept. 1995: Florida Interna-tional University's Latin American and Carib-bean Center established a gopher for the Sum-mit of the Americas. The gopher presentlycontains the texts of documents and resolutionsof the summit as well as news accounts andother related items. The Summit Gopher can beaccessed at: gopher://summt.fiu.edu/

European Communities Competition Law

Currents: International Trade LawJournal, 18 Sept. 1995: I have been asked tohelp locate a document entitled CompetitionPolicy in the New Trade Order: StrengtheningInternational Cooperation and Rules.

Apparently, this document is distributed bythe Office of Publication of the EuropeanCommunities in Luxembourg, L-2985(?), anddesignated COM (95) 359 final.

Ken Grabach, Miami University of Ohio,18 Sept. 1995: If the other respondents to thislist knew where Currents@starbase wasphysically located, or had a fax number foryou, you might get a printed copy of thedocument. The European DocumentationCentres (EDCs) and Depository Libraries(DEPs) of the European Union, in Europe andNorth America have COM documents, manyreceiving them in microfiche. I know thisbecause my library has just become an EDC. Ihave not yet received our first COM document,yet, but I am sure other libraries have. [Note:See first message Currents.]

FCIL NewsletterAutumn 1995


World Bank Data

Reuben Cleetus, 18 Sept. 1995: I'm sorryif this message is not posted correctly, butcould someone please help me in locating anyWorld Bank data.

I'm searching for a site or anything else onthe Net where I can access World Bank Data,plus any good reference books that would helpme do the same.

Linda Thompson, World Bank, 18 Sept.1995: The World Bank has a public serverwith information about projects, publications,the Inspection Panel, etc. URL: http:llwww.worldbank.org/

Olga Shargorodska, 19 Sept. 1995: TheConsortium for International Earth ScienceInformation Network (CIESIN) and the WorldBank are pleased to announce experimentalInternet access to two major World Bankdatasets:* Social Indicators of Development, 1994-http://www.ciesin.org/IC/wbank/sid-home.html• Trends in Developing Economies, 1994-http://www.ciesin.org/IC/wbank/tde-home.html

For further information contact: CIESINUser Services, 2250 Pierce Road, UniversityCenter, MI 48710; telephone 517-797-2727;fax 517-797-2622; email: [email protected]

Free Burma Act

A. Henderson and J. Lange, Interna-tional Commission of Jurists, 18 Sept. 1995:Can anyone provide a copy, (snail mail orotherwise) of the Free Burma Bill 1995 whichis currently being debated in the US Senate,sponsored by Senator Mitch McConnell?

Elliot Chabot, U.S. House of Represent-atives, 19 Sept. 1995: S. 1092 (the FreeBurma Act of 1995) can be found at http://www.pls.com:8001/his/12.htm

European Trademarks

Stephanie Dueck, 20 Sept. 1995: I amtrying to locate copies of the European

Community's trademark rules, regulations,procedures, and forms. Does anyone know ifthis information is available on the Internet orthrough another electronic media?

Olga Shatgorodska, 21 Sept. 1995:1. European Patent Office-

http://www.epo.co.at/epo2. Intellectual Property Mall---htp://www.fplc.

edu/IPMALLhtmi3. U.S. Patent Office-http://www.uspto.gov

UN Negotiation Game

Pel Wrange, Stockholm University, 21Sept. 1995: Students at ELSA (European LawStudents Association) here in Stockholm areorganizing a UN day in October. They wouldlike to include a negotiation game of some sorton the UN. Does anyone know of a readymade game of this type, and where to get it?Any hints are appreciated.

Don Buckingham, University of Sas-katchewan Law, 21 Sept. 1995: While notspecially a UN game, the Christian Aid Societyof the United Kingdom has put out a veryinteresting game called "The Trading Game"which propels students to trade in manufac-tured shapes. Each group of students representsa country or group of states and is given aresource pack consisting of different mixes ofnatural resources, capital and technology. Thegame is supervised by the Secretary General ofthe United Nations, although I have mostrecently substituted the Director General of theWTO for the SG.

Peter Rohn, University of Washington,21 Sept. 1995: You asked about a ready-madeUN-related negotiating game. Although not"ready-made" in the sense of a packagedcommodity on the shelf, it has been made andused many times and can easily be adapted tovarious local conditions: see 1984 Proceed-ings, American Society of International Law,page 205. If potential users/adapters needfurther details beyond the published info, theyshould feel free to ask me directly.

Autumn 1995FCIL Newsletter